Law Commons^™

Miranda’S Near Death Experience: Reflections On The Occasion Of Miranda’S Fiftieth Anniversary, Eugene R. Milhizer

Catholic University Law Review

Miranda v. Arizona is widely regarded as one of the most controversial Supreme Court decisions in U.S. history. Shortly after the case was decided, Gallop Polls indicated that 63% of the public felt the Supreme Court was too soft on criminals. But despite its controversy, Miranda has become so widely accepted in popular culture that most people cannot imagine a criminal justice system without it. This wide spread acceptance, however, is more of a recent phenomenon in the landmark case’s history.

This article discusses Miranda’s tumultuous past; its harsh criticism from the legal community, academics, and the public at …

The Third Party Doctrine And Physical Location: The Privacy Implications Of Warrantless Acquisition Of Historical Cell Site Location Information, Matthew G. Baker

Catholic University Law Review

The warrantless acquisition of cell site location information (CSLI) by law enforcement implicates serious privacy concerns for all cell phone owners. Through a series of cases in the Circuit Courts of Appeals, the judiciary has declared that there is no expectation of privacy in the historical location of cell phones. The third-party doctrine controls where a cell phone user voluntarily conveys his location to a cell service provider.

This Comment discusses the history of the Fourth Amendment and the development of the expectation of privacy test, the third-party doctrine, and the tracking of vehicles with transponders. This Comment reviews a …

The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston

Catholic University Law Review

The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to …

The Role And Experience Of Law Students And Law Schools In Clemency Project 2014, J.P. "Sandy" Ogilvy

Scholarly Articles

The response of lawyers to the call to volunteer with Clemency Project 2014 was phenomenal. More than 3000 individuals from over 800 law firms, law schools, and organizations reviewed more than 36,000 applications from federal prisoners who requested pro bono assistance in filing an application for commutation of sentence with the President. By the end of the Obama administration 2581 petitions were filed or supported by Clemency Project 2014. Of those, 894 applicants were granted commutations by President Obama.

This article looks at the response of the law schools and law students to the call for volunteers. The numbers are …